New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-11-15
1rTHORJTY FOR THE COMMISSION

Il
The Joint Fisheries Commission is to meet
his week in Washington. When Mr. Chamber
lain's appointment was announced from Lon
don. Mr. Rayard objected strcnuousiy to the title
conferred upon the chief representative OF Great
Eritain. In the course Of interviews published
nj the time by Journals friendly to the Admin
iNra'ion the Secretary denied that there would
I've commissioners on The side of the United
states. since the state Department had no
authority 70 organize a Joint Commission. He
prcrcrrcd 10 designate them rs negotiations, and
even intimatcd that he might hc the only repre-
sentative Of American interests His Squcam-
ishncSS respecting the use II this word 81 Com
missioner soon disappeared. When pr. Angel
and Mr. Putnam were appointed rs the Amer
lean representatives they were officially STYLED
Commissioners Secretary Bayard has evidently
been convinced that his first impressions were
erroneous. and that the state Department has
authority to organize Joint Commission.
This question Of authority was raised by the
President himself in his first annual message.
The fisheries clauses Of the Treaty Of Washing
ton were abrocatcd by action Of Congress and
President AIthur's proclamation on July |,
1855. Secretary Blyard waS'cntlaIpcd by the
British Minister into an arrangement for pro-
longing the operation Of those clauses for six
months with the understanding that 'hc Prcsi
dent sho.ll recommend in his message the
appointment Of a Commission for ncgoiialing
a new treaty and settling the controversy
The recommendation was made, aS follows:
recommend that the Congress provide for tho an
ront,ncnt NJ q commission IN which ~" Governments
OF the United states and Great Britain shall %" re-
spcctvcy represented char cd With the alton
and settlement upon Just, equitable ami honorable
basis OF the curro question OF the fishing rights Of
the two Governments and their respective citizens OF
,hc COASTS of the United >tatcs and british North
America Tho fishing interests being Intimately rc
lated Other general questions dependent up"n con
tlcuy and Intercourse, consideration thereof in all
their equities might also properly com" within the
purvcw ~ such commission. and th" fullest lar Judo
on both sides should nc permitted Presidents Mos
sage, December, l~-j.
Whatever may be lis views 1t present tho
state Department did not believe two years
ago that it had authority to organize a Joint
Commission for the President formally asked
Congress to empower him To- take Tai, action
Congress did not approve Of thc recommends
ton The Senate adopted resolution cN-
pIcs>ly condcmning that method Of settling the
fisheries question and Congress enacted the
first Retaliation bill il an alternative policy.
When that measure WI, not enforced Congress
passed at the last session a more stringent Re
raation Act This ha, also remained in"pcfa-
tive Tho Administration. after ncgccling It.
enforce the measure enacted by Congress for
the protection Of American interests, has re
vcitcd To- the policy which was cmphaucally
condemned by the senate. Since the state
Department ha, been unable 10 secure aui honiy
for a Commission from Congress IT has deter
mined to act entirely upon u, own responsible
Ivy IL has taken the pf,cauton, moreover. to
make the appointment, when the senate
was not in session, 50 as f. avoid the necessity
for confirmation.
Has the President adequate warrant for or
glniling the Commission ia the general city
making powers conferred by the Constitution
This question j. discussed by cN Secretary Fish
and our Washington correspondent on another
page. One thing seems clear. \ Commission
appointed ~ this one has been cannot act n
arb.,rators. but only as ncgotialor,. They
cannot settle any question now ut issue between
the two Governments without the consent ol
Congress. As ncgOtiators they probably have
authority 10 arrange tho basis Of treaty.
and the state Department will have to proyldc
for the expenses from its contingent fund. This
is apparently the Administration present view,
although it thought differently Two year, ago.
In any event it is IN extraordinary act for an
Administration to organize "A Commission III
defiance If the wishes Of Congress. and 10 do
this moreover. after it has asked for authority
and failed to get it,.